Samsung ordered to pay up in smartphone battle with Apple

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Samsung ordered to pay up in smartphone battle with Apple

Judge Lucy Koh has upheld Apple's $1 billion jury verdict against Samsung, but spared Samsung treble damages for wilful infringement

In four orders delivered late Tuesday night, Koh said that a California jury's August verdict stands, but that Apple failed to prove that Samsung's infringement of its utility and design patents was intentional.

Apple had asked Koh to award an additional $400 million for wilful infringement to compensate for its loss of market share going forward.

But Koh said that Apple's arguments were "inconsistent". 

She wrote: "First, [Apple argues] that money cannot compensate Apple for the harm its lost market share may cause going forward, and second, that the Court should award $400 million to compensate Apple for lost market share. If an amount cannot be calculated to compensate for this loss, then it is unclear why $400 million would be an appropriate award."

Ars Technica author Joe Mullin said that Koh's order shows an attempt to limit the "crushing" effects of Apple's victory.

All four orders are available on Ars Technica. The decision is likely to be appealed.

Apple and Samsung are also battling in Japan over Samsung's August win in the Tokyo District Court.

more from across site and SHARED ros bottom lb

More from across our site

Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Abion says integration with Baylos marks an important step in the company’s international expansion plans
Via Licensing Alliance continues its China push as another smartphone manufacturer joins patent pool as licensee
Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Women are entering the IP profession, but still too few are being trusted with the clients, cases, and credit that may open the path to leadership
In other news, Australia’s IP office has announced expanded search options, and an EPO report shed light on slow progress relating to women inventors in Europe
Managing IP speaks with up-and-coming women lawyers at five law firms about fighting imposter syndrome, maintaining work-life balance and why real representation matters
Gift this article